NORTHWEST STEELHEADERS ASSOCIATION, INC., an Oregon nonprofit corporation; Raymond D. Dezellem; and Richard "Rick" Allen, Respondents,
v.
David SIMANTEL, Tammy Simantel, and William Wyatt, et al, Defendants, and
David Schlecht, Sarah Schlecht, and Miani, Williamson & Evans, Appellants, and
State of Oregon, by and through the Oregon State Land Board, Respondent, and
Robert Jon Grover, Intervenor-Appellant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted December 20, 2004.
Decided May 11, 2005.
Attorney(s) appearing for the Case
Gordon R. Hanna, Salem, argued the cause and filed the briefs for appellants.
Michael T. Garone, Portland, argued the cause and filed the briefs for intervenor-appellant. With him on the briefs were David F. Bartz, Jr., Carson D. Bowler, Portland, and Schwabe, Williamson & Wyatt, P.C.
Melissa Powers argued the cause and filed the brief for respondents Northwest Steelheaders Association, Inc., Raymond D. Dezellem, and Richard "Rick" Allen.
Denise Fjordbeck, Assistant Attorney General, argued the cause for respondent State of Oregon. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before HASELTON, Presiding Judge, and ORTEGA, Judge, and DEITS, Judge pro tempore.
Court of Appeals of Oregon.
HASELTON, P.J.
Defendants1 and intervenor appeal from a judgment that (1) declares that title to certain lands lying below the ordinary high water mark of the John Day River is held by the State of Oregon; and (2) rejects defendants' counterclaims for trespass. Defendants assign error to the denial of their motions to dismiss and for directed verdicts and to the trial court's determination that the segments of the river at issue are navigable...
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